2014 US Code
Title 21 - Food and Drugs (Sections 1 - 2252)
Chapter 21 - Biomaterials Access Assurance (Sections 1601 - 1606)
Sec. 1603 - General requirements; applicability; preemption
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 21 - FOOD AND DRUGS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 21 - FOOD AND DRUGS CHAPTER 21 - BIOMATERIALS ACCESS ASSURANCE Sec. 1603 - General requirements; applicability; preemption |
Contains | section 1603 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 105-230, §4, Aug. 13, 1998, 112 Stat. 1523. |
Statutes at Large Reference | 112 Stat. 1523 |
Public and Private Law | Public Law 105-230 |
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In any civil action covered by this chapter, a biomaterials supplier may—
(A) raise any exclusion from liability set forth in section 1604 of this title; and
(B) make a motion for dismissal or for summary judgment as set forth in section 1605 of this title.
(2) ProceduresNotwithstanding any other provision of law, a Federal or State court in which an action covered by this chapter is pending shall, in connection with a motion under section 1605 or 1606 of this title, use the procedures set forth in this chapter.
(b) Applicability(1) In generalExcept as provided in paragraph (2), this chapter applies to any civil action brought by a claimant, whether in a Federal or State court, on the basis of any legal theory, for harm allegedly caused, directly or indirectly, by an implant.
(2) ExclusionA civil action brought by a purchaser of a medical device, purchased for use in providing professional health care services, for loss or damage to an implant or for commercial loss to the purchaser—
(A) shall not be considered an action that is subject to this chapter; and
(B) shall be governed by applicable commercial or contract law.
(c) Scope of preemption(1) In generalThis chapter supersedes any State law regarding recovery for harm caused by an implant and any rule of procedure applicable to a civil action to recover damages for such harm only to the extent that this chapter establishes a rule of law applicable to the recovery of such damages.
(2) Applicability of other lawsAny issue that arises under this chapter and that is not governed by a rule of law applicable to the recovery of damages described in paragraph (1) shall be governed by applicable Federal or State law.
(d) Statutory constructionNothing in this chapter may be construed—
(1) to affect any defense available to a defendant under any other provisions of Federal or State law in an action alleging harm caused by an implant; or
(2) to create a cause of action or Federal court jurisdiction pursuant to section 1331 or 1337 of title 28 that otherwise would not exist under applicable Federal or State law.
(Pub. L. 105–230, §4, Aug. 13, 1998, 112 Stat. 1523.)
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